Double Jeopardy
by jessy luke
Summary: Gibbs' past comes back to haunt him as a case is reopened. Did he put an innocent women in jail. Idea taken from the movie Double Jeopardy
1. Beggining

**I do not own NCIS or any of its characters.  
I got the idea of this story from the movie double jeopardy.  
**

**1999**

Petty officer Jane Luke 25 woke up in the morning to find blood stains on her singlet and boxers, "What the…. Kevin…. Kevin" she called out to her husband who wasn't lying beside her. Jane felt her body for a wound but found nothing. Jane got out of bed and frantically started screaming for her husband "Kevin, Kevin where are you". Her husband was no where in sight. Jane made her way to her 4 year old sons' room. Jane screamed when she saw her son lying in blood with a knife wound to his throat. Jane rushed over to her sons' side and with shaking fingers tried to find a pulse "No No Sean, please don't be dead" she sobbed. At that moment there was a yell from outside "NCIS, we are coming in"

Leroy Jethro Gibbs stormed the house with his boss agent Mike franks to find Jane holding her son in her arms and sobbing uncontrollably. Gibbs and Mike Franks pointed their guns at the petty officer and said "Put your hands in the air or we will shoot" Jane put her hands in the air "Someone killed my son, where is my husband". Gibbs strode over to Jane and roughly pulled her arms behind her back cuffing her. "You are under arrest for killing your son and your husband, you have the right to remain silent, and anything you say or do will be used against you in court".

Jane struggled against her cuffs and Gibbs had to restrain her.

"I didn't kill them I woke up and found him like this, you've got the wrong person, please don't do this".

Franks eyed Jane and said "What did you do with your husbands' body, where did you kill him". Jane gave in struggling and allowed herself to be taken to the NCIS van. Jane was then transported to NCIS headquarters where she was put into an interrogation room.

Jane was in shock she had lost her boy her little boy, her husband was missing and she had been accused of their murders. Gibbs entered the interrogation room and sat down opposite Jane trying to intimidate her. Jane held his stare and didn't give into it. She knew he was trying to get her to confess to a murder she didn't commit.  
Gibbs stood up after 20 minutes and walked around to her side and stood with one hand on the table in front of her and one on the chair she was sitting on, his face was millimeters from her own.

Jane didn't fidget she continued to look to the front not flinching when he slapped the table. "Where is your husband, what did you do with the body, why did you kill you son"

Jane blinked and sighed "How many times do I have to tell you I didn't kill them, how could I kill my little boy, I didn't do it. I DIDN'T DO IT"

Jane stood up and Gibbs pushed her roughly back down "Ill tell you how you did it, You stabbed your son and to stop your husband from telling anyone you murdered him as well, then you hid the body and tried to make it look like an accident, unfortunately for you we have a 911 call from your husband". Jane's head shot up when she heard the last part.

"Wh. What" Jane questioned  
Gibbs walked over to the tape player and pushed the play button

"Emergency" the 911 voice asked  
"Help me Help me please" Kevin's voice came over the speaker  
"My wife is trying to kill me, she killed our son, she stabbed him"

Tears formed in Jane eyes

"Need help……"  
The line went dead

Gibbs stopped the recording and turned around to face Jane who sat their shell shocked.  
"You're going to jail for life, you may as well tell us where your husbands body is".

Jane shook her head and started sobbing.  
She had been setup by her husband and he was missing presumed dead and she was going to jail for their murderers.

Gibbs left the interrogation room and closed the door behind him. Painful memories had been stirred up with this case. His daughter his beautiful wife. Kelly and Shannon his family. Dead. This case was affecting him, never before had he interrogated a murderer and they hadn't gave in to his intimidation. The look in her eyes as she heard the 911 call.

Jane was taken to a women's prison until her trial was held. Jane was sentenced to life in prison for murdering her son and husband and hiding the body.  
Jane was sent to EMU plains correctional prison to serve her life sentence.

**2009**  
Jane was serving her life sentence at EMU plains correctional prison and she had served 10 years of it so far for a crime she hadn't committed. She wasn't even allowed to attend her sons' funeral. Her family had disowned her and she was on her own. No one listened to her pleas of help. Everyone thought she was a murderer.

Jane had made a couple of friends at the prison that believed her and had told her about Double Jeopardy. She couldn't be trialed again for her husbands' murder; she could walk up to him in the street and shoot him and get away with it.

This thought kept Jane sane as she tried to trace a lead to her husbands' whereabouts. Jane's bank account had been emptied the day before the murders. Jane had an escape plan and her friends were willing to help her, they were also serving life sentences so it didn't matter if they got caught.

There plan was that during talk time which was the period when relatives came to visit their loved ones Jane would slip on an ordinary outfit with a bandana that they had smuggled in. The guards would let her walk out of the prison because of the clothes she was wearing; no prisoner had access to these clothes, so they wouldn't think she was a prisoner. The plan was not foolproof but it was their only option. Jane's friends would cover for her that night to give her a chance of getting further away.

The next morning Jane tucked the clothes under her shirt and went to talk time, one of her friends had called in her brother John to act as a relative for Jane and to drive her away, John spoke to the guards while Jane slipped on the shirt and bandana and swapped seats with one of her friends. Talk time was ended and Jane stood up among the relatives and walked in the middle of them to give her a better chance of escape. She slipped out of the doors without notice and made her way to the entrance. She wasn't stopped; John was waiting for her at his car and they got in and drove away at a normal speed to not look suspicious.

She was free… She had actually escaped. She could now track her husband and get revenge…

**XXX**

Gibbs and his team Dinozzo, McGee and Ziva were in the bullpen when they received the news that Petty officer Jane Luke had escaped from the EMU plains correctional prison. She had been discovered missing the following morning when she hadn't turned up for roll call. They had been fooled when one of the prisoners had covered for her the night before.

Gibbs was already headed to MTAC before the news reporter had finished her sentence. Gibbs strode into MTAC looking for Director Sheppard. Jenny looked up to see Gibbs walking over to her "You're here about Petty officer Jane Luke I gather".

Gibbs nodded  
Jenny sighed and said "I've already assigned your team to finding her".  
Gibbs walked out of MTAC without another word.

Tony was pulling faces at Ziva whilst trying to look over her desk at what she was doing. Ziva exclaimed "Don't let Gibbs catch you doing that Tony".

"Catch me doing what David" Gibbs exclaimed walking into the bullpen.

Tony quickly stopped pulling faces at Ziva and said "Nothing boss"  
Gibbs head slapped Dinozzo and made his way to his desk  
"Thank you boss" Tony said.

"McGee pull up the case file of petty officer Jane Luke" Gibbs asked McGee. "We are going to find where she is heading and put her back in prison".

TBC  
please review.


	2. Search

**Idea from a movie double jeopardy**

**I do not own NCIS or any of the characters unfortunately.  
please review even if its bad critism. If no one likes this story and doesn't review I will delete this story.**

"Petty officer Jane Luke served for 8 years as a marine, married at 20 to Kevin Luke and had a child at 21 Sean Luke, Lived in Washington DC her whole life"

McGee read off the case file "No criminal charges before the murders took place, she went to Iraq twice, when she was charged she was 25 she has served ten years of her life sentence before escaping which makes her now 35".

Gibbs looked from the plasma to McGee "You think Elf lord".

McGee continued as if he hadn't been interrupted, "The only evidence was the phone recording to 911 and the blood stains on her shirt, the husbands body was never found and the petty officer didn't admit to the crimes she claimed she was setup".

"I know all this McGee, how about you find some information that will actually help" Gibbs strode out of the bullpen into the elevator.

McGee looked to Ziva who shrugged to Tony who said "I hope the local police find her before Gibbs does"

**XXX**

Jane thanked John for his help but left him a couple of hours later so he wouldn't be in danger.

She headed towards DC she had been given some cash by John and he had also given her a backpack of food and accessories. Her first stop was to her old home at DC, by now she figured that NCIS had already taken the case and that if Gibbs still worked there he would be looking for her.

Marines always think alike and he would know where to find her.

He would be tracking her and she had to be smarter. Jane asked a local petrol station for information on the area, to find out whether anyone still lived in the house.

It hadn't been touched since the murders and no one had bought it. It had been labeled 'Baby Killer'. The neighbours stayed clear of the house.

The house had been ransacked and personal belongings had been stolen. Jane entered the house looking for anything that would help her; all the windows had been smashed in.

Jane went into her sons' room, there were blood stains still on the carpet. Jane leaned against the wall and slowly slid to the ground memories of her son in her arms as she tried to find a pulse. Sobs racked her body.

**XXX**

Gibbs drove to DC, he had a gut feeling that the first place Jane would go would be the house she lived in, he went alone, this was personal. Gibbs asked the neighbours whether they had seen anyone entering the house. No one had seen anything. Gibbs decided to search inside. The door was ajar when Gibbs walked up to the porch. He withdrew his gun and pushed the door open.

**XXX**

Jane had seen Gibbs approaching the door she was contemplating talking to him to try and make him understand but she couldn't risk it. Jane slipped out the back door as Gibbs entered the front, in her haste she kicked a pot plant that had been pushed over in front of the back door. The metal clinked and echoed, Jane took off across the yard.

Gibbs had just stepped inside when there was a 'thump' coming from the back door. Gibbs smashed out of the back door in time to see the petty officer climb the back fence Jane took one look behind her and seen Gibbs standing at the door gun lowered, there eyes met for a second and Jane sprinted off into the streets. Gibbs pulled out his cell phone and dialed Tony. "Dinozzo" Tony answered.  
"She was here Dinozzo, her house".

Gibbs hadn't raised his weapon because he knew there would be a next time. The moment when she had made eye contact he had seen something in her eyes he couldn't quite explain.

It was like desperation.

A last resort.

Gibbs searched through the house to see if she had left anything behind, he went into the boys' room and seen the blood stained carpet, he never could get the site of Jane holding her dead son out of his mind. He left a calling card on the floor.

Gibbs pulled out his cell and called Abby.

Abby picked up after 3 rings, he was greeted with deafening music in the background. "Abbs can you hear me, turn it down, ABBY". The music was turned off a minute later

" Sorry Gibbs, what have you got for me" Abby asked

" Abby can you bring up the evidence bag for petty officer Jane Luke, there should be a tape and a blood stained shirt". Abby saluted even though Gibbs couldn't see her  
"yes Sir"

"Abby how many times have I told you not to call me sir anyways why you're looking can you bring the records up for Kevin Luke the petty officers husband".

Gibbs hung up not waiting for a reply knowing that Abby would do it.

He had his suspicions he had believed that the petty officer was guilty, but why go to all the trouble and stay in the house after the murders knowing she was going to be caught. .

Gibbs decided to start with the husband to find any links.

**XXX**

Jane didn't no why she had turned around but the look on Gibbs face was scary enough. Jane needed somewhere to stay she couldn't stay in any hotels she was a wanted criminal. Her only option was to stay at her house or not get any rest.  
Gibbs wouldn't expect her to go back there at least she hoped so.


	3. The hunt

_Thank you for the reviews. I hope you enjoy_.  
_I do not own NCIS or any of the characters_.

Jane should off known he was smarter than that.

Gibbs had left his calling card. On the ground beside the blood stained carpet.

L.J Gibbs  
NCIS

and his number, She pocketed the card and looked through her backpack for warmer clothes and food.

There were some bread and biscuits with water to drink. She unpacked a jumper and jeans and a baseball cap so she could hide her identity.

Jane sat down in the bedroom and started reminiscing; she had a lead on her husband a name Gavin Lyle. Jane had linked this name to her husband. Jane had found out that a couple of days before he had set her up he had changed his name. Jane had been able to find this out through unofficial channels. She had searched through the databases looking for a male that matched his height and looks with the name Kevin Lyle and had found him.

He was older, rough looking but it was him, for sure. He was living in a small apartment in New York about 100kms from DC. First thing in the morning she would hitch a ride to New York.  
**  
XXX**

Gibbs read through Kevin Lukes file, he had been a carpenter and had worked for a local company in DC that had gone bankrupt and shut down 11 years earlier.  
Gibbs was interrupted by a phone call.

"Gibbs, I've got something for you". Abby blurted out as soon as Gibbs had picked up.

"Ill be right down Abbs" Gibbs hung up and headed for the elevator.

**XXX**

Abby was typing frantically on her computer keyboard when Gibbs entered her lab. Gibbs presented Abby with a Caf-Pow.

"What have you got for me Abbs" Gibbs asked

"I analyzed the DNA on the shirt and it matches the petty officers husbands blood but when I was playing the 911 tape I heard something abnormal, well not abnormal but you know Gibbs it sounded hinky"

Gibbs raised his eyebrow and looked at Abbs "Today Abby"

"Sorry ok, well listen"

Abby played the recording and paused it after Kevin had just said my wife is trying to kill me.

"Ok Gibbs I deleted the voice and listened to the background sounds and found this".

Gibbs listened and raised his eyebrows "It sounds like fabric being torn"

"Exactly Gibbs, but theirs no shouting or anything, I know that if I had been cut I would be screaming, if she is telling the truth that she was setup he could have cut himself and wiped the blood on her shirt and he doesn't sound that frantic."

Gibbs turned to Abby "That's good work Abbs" Gibbs kissed Abbys cheek and left the lab.

**XXX**

Gibbs returned to the bullpen "McGee what have you got"

"Boss I found out Kevin Luke changed his name to Kevin Lyle 2 days before the murders, but it was dropped when he was assumed murdered, but I ran a facial identification program on his appearance and we got a hit"

"put it up on the plasma McGee"

McGee hastily typed in a sequence and the information popped up on the plasma.  
"A man with Kevins or I guess he is now Gavin…" Gibbs looked from the plasma to McGee "right boss sorry"

"A man with the features of the petty officers husband was filmed on a speeding camera in New York, I ran the license plate and the owner belongs to a Gavin Lyle, coincidental boss"

Gibbs walked to his desk and opened the draw and strapped his gun to its holster "I don't believe in coincidences, grab your gear we are going to New York".

"Boss I found something else as well" Ziva added

Gibbs stopped and looked back at Ziva  
"The petty officers bank account was emptied the day before the murders"

"Good work Ziva, lets go"

Tony, Ziva and McGee grabbed their gear and ran to the elevator before it closed.

**XXX**

Jane hitched a ride with a truckie the next morning to New York. The truckie didn't recognize her and he didn't ask questions. Jane asked him if he knew where the apartment was and if he could drop her off there. The truckie dropped her off a couple of blocks from the apartment. Jane pulled out Gibbs calling card from her pocket. She had an idea. Jane found a telephone booth and typed in Gibbs number.

Gibbs answered on the third ring.

"Gibbs" a rough voice answered

"Hi Gibbs, remember me, have you proved me innocent yet" Jane replied with a chuckle

"Hand yourself in and ill tell you personally"

"I'm not that stupid Gibbs, Have you heard of Double Jeopardy" Jane asked

"Ill tell you anyway, I can shoot my husband dead in the middle of the street and not be trialed again for his murder, revenge is sweet Gibbs, you cant stop me either, ill get there before you"

Jane hung up

**XXX**

"McGee did you get the location" Gibbs asked looking at his phone.

"Yes boss, the call was made from a pay phone a couple of blocks from here"

"She is going to get there before us boss" Tony emphasized

Gibbs was driving and he hit the accelerator causing McGee, Ziva and Tony to grab at their seatbelts.

"Not if I can help it" Gibbs whispered. He rounded the corner heading for the apartment

**XXX**

Jane walked up the stairs of the apartment building. She read the list of residents; Gavin Lyle resided on the 3rd Floor number 32. Jane entered the building and pressed the button for the elevator.

**XXX**

Gibbs and the team drove to the apartment and exited the car. They all pulled out their guns and separated in to teams "Ziva you're with me" Gibbs exclaimed and strode into the building.

_Please review and tell me if it's ok. If I wrote 000 instead of 911 I'm sorry I keep forgetting that America is 911._


	4. semper fi

Jane entered the elevator and the doors closed, she could prove that she was innocent she just had to make Gibbs trust her, that was the hard part. If they had got this far they would know she was innocent but she wasn't going to let her husband just go to jail free she wanted her revenge.

XXX

Gibbs and Ziva headed for the elevator while Tony and McGee took the stairs. Gibbs pressed the button for the elevator and the doors automatically opened to reveal a small figure with a hat on standing in the corner leaning on the elevator wall.

"Ziva take the stairs, Ill be fine on my own" Gibbs directed

"Boss, I don't think…" Ziva started

"That was an order Ziva" the elevator doors closed and Ziva stood shell shocked outside of the elevator.

XXX

Gibbs silently pressed for level 3 on the panel and then flicked the emergency stop button on; he walked over to the elevator wall opposite Jane and leant on it studying her whilst putting his gun back in its holster.  
Jane looked up at Gibbs and met his eye.

"I didn't kill my son" Jane whispered

"I know" Gibbs answered

Gibbs walked towards Jane and put his hands on her arms pinning her to the wall.

"I'm taking you back to NCIS and we will arrest Kevin"

Jane struggled against his grip "You can't stop me, he deserves to die, let me have my revenge".

Gibbs held her arms firmly and pushed his body against hers to stop her from struggling. "Your revenge will be to see him in prison"

Jane went quiet and pretended to submit. Gibbs loosened his hold on her arms and flicked the emergency switch off. Jane head butted Gibbs which caused Gibbs to step backwards; Jane kneed him in the stomach and kicked his foot out from under him. Gibbs landed heavily on his side. Jane grabbed his gun from its holster.

The elevator doors opened and Jane rushed into the corridor looking for room 32 with gun in her hand.

XXX

Ziva caught up to Tony and McGee about 20 stairs from the 3rd floor, as she started to explain Gibbs behavior a shout came from the corridor. Ziva, Tony and McGee burst through the door to reveal Gibbs with a bloody eye and wincing in pain as he tried to run after Jane. Jane was nowhere to be seen.

"32, she took my gun, already inside" Gibbs muttered holding his stomach.

XXX  
Jane barged into the room to find Kevin half dressed sitting on the bed. The door slammed closed behind her.

"What the…" he began before Jane aimed the gun at his chest.

"How could you, how could you" Jane blinked away tears as she steadied her shaking hand on the gun.

"You killed my baby boy, I'm going to make you suffer for every bit of pain you put him through".

Jane aimed at his kneecap and pulled the trigger. Kevin let out a scream and dropped to the floor holding his leg. Jane walked around to the other side of him so she had a good view at the door.

"You framed me, I spent ten years in prison and would of spent my life in there, but to actually kill you will be worth it for killing my son"

Kevin gasped through the pain "I'm sorry, don't kill me"

Jane laughed and aimed for his shoulder and pulled the trigger.

XXX

The two shots echoed loudly in the small corridor, The team took its position outside room 32 and Gibbs yelled out "NCIS we are coming in"

XXX

Jane heard Gibbs voice a second before they burst through the door for the second time. Jane had enough time to drop to the floor and pull Kevin in front of her.

Kevins' breath was shaky and he put his full weight back on Jane. Three guns were pointed in her direction.

"Drop the gun Jane, you don't want to do this" Tony stated

Jane laughed and pulled Kevin closer to her

"I've been dreaming about this day for ten years, what makes you think I'm going to listen to you"

"He does deserve to pay for his crimes but not this way" Ziva replied

"Do you think your son would have in your position, he doesn't need to be remembered like this" Gibbs commented. "It doesn't help trust me, I know"

Jane looked from Gibbs to the other members of the team and lowered her gun  
"He will pay"

Jane allowed McGee to cuff her and lead her from the room while Ziva called an ambulance.

XXX

Jane was transported to NCIS headquarters whilst Kevin was taken to hospital with McGee and Ziva to stop him from escaping shall he try.

Jane was escorted into the interrogation room while Gibbs made the necessary arrangements to prove her innocence. Tony took her statement and brought in some coffee. Kevin was to appear in court as soon as he recovered from his injuries.

XXX

Kevin was released from DC hospital 2 weeks later still on crutches. He pleaded guilty to the murder of his son and setting up his wife. Jane took the stand and made her plea that he rot in jail. Jane smirked as she walked out of the courthouse. The jury would make their decision after recess. Jane wasn't going to be there to witness it though, it didn't matter.

XXX

Gibbs and the team where watching the proceedings on live coverage. The sentence was made Kevin was to serve a life sentence. The team witnessed Kevin surrounded by security guards march him out to the prison van that was waiting.

XXX

Jane shifted her position on the roof top, her weapon an ACAIT was in her hands fully loaded. Jane raised the gun to eye level and looked through the eye piece aligning Kevins body in the middle. Sweet revenge

XXX

Kevin saw a glint of metal in the sun reflecting of the car door to late.

XXX

A single shot fired out causing security guards to grab for their weapons and duck, after the initial shock had passed the security guards turned towards their prisoner who was lying in his own pool of blood with a bullet through his forehead.

XXX

Gibbs didn't move a muscle as he saw on live TV Kevin being shot in the forehead. Gibbs team prepared to head for the elevator but Gibbs stopped them "Leave it team, there is no leads"

XXX

Jane looked down at the gravestone labeled

Sean Luke  
DOB: 1995 to 1999  
RIP my baby boy.

Jane looked up as she heard a rustle of leaves behind her. Gibbs stood silently watching Jane. She looked up at Gibbs "No child should die before their parents do"

Tears freely flowed down Janes face. Gibbs opened his arms and Jane moved into them crying softly into his shoulder. "Thank you Gibbs, thank you"

XXX  
The end.


End file.
